Civ Pro - Federal - Jury Trials*

Front 1

Jury Trials

Back 1

Diff from State

Right to Jury Trial --> Seventh Amendment provides for jury trials for civil suits in law but not equity

Mixed suits heard separately:
1) Jury trial first
2) Equity trial second

Front 2

Jury Trial demand

Back 2

Must be in writing no later than 14 days after service of the last pleading raising jury triable issue

Front 3

Jury Trials -- Voir Dire

Back 3

Diff from State:

For cause jury challenges --> unlimited

Peremptory challenges --> up to three (must be race and gender neutral)

Front 4

Jury Trials -- Number of Jurors

Back 4

Diff from State:

At least 6 needed, no more than 12

NO alternate jurors

Front 5

JMOL

Back 5

Same as State Directed Verdict

-- effect is basically taking case form jury

Raised after closure of case in chief
STANDARD --> r/s people could not disagree on the result (similar favor for non-moving party as MSJ)

Front 6

Renewed JMOL

Back 6

State as State Motion for Judgment Notwithstanding the Verdict

Same as JMOL, but comes after trial

Arises when: judge did not grant JMOL, jury awards verdict for one party, losing party raises

STANDARD --> r/s people could not disagree on the result

***NEED TO MOVE FOR JMOL DURING TRIAL, otherwise cannot bring JMOL***

Front 7

Motion or a New Trial

Back 7

Needs to happen w/in 28 days after judgment

GROUNDS:
1) prejudicial error at trial
2) new, unobtainable, evidence
3) prejudicial misconduct of any part
4) judgment under weight of evidence
5) excessive/inadequate judgment

Front 8

Motion to Set Aside Judgment

Back 8

Grounds & Timing

Clerical Error -- Anytime
Mistake, excusable neglect --r/s time up to one year
New evidence that was not discoverable at the time --r/s time up to one year
Judgment void -- r/s time